DEVITHA SHETTY Vs. NIL

JUDGEMENT

(1.) Challenging judgment dtd. 6/8/2021 passed by Principal Judge, Family Court, Dakshina Kannada District, Mangaluru, in M.C.No.316/2020 this joint appeal is filed.

(2.) Brief facts as stated are that marriage of appellants was solemnised on 9/12/2005 at Arya Samaj Mandir, Kadri Temple Road, Mangaluru, Dakshina Kannada District, in accordance with Hindu rituals and customs. The marriage was registered by Registrar of Marriage, Mangaluru, on 25/1/2007. Thereafter they lived as husband and wife for 11 years. During their wedlock a male child named Zayn Ferrao was born on 8/10/2015.

(3.) However, due to misunderstanding and disagreement between them, they developed aversion towards each other. Despite efforts by parents, relatives and well-wishers to bring them together, there was no reconciliation and they were living separately for more than three years. Stating that their marriage had broken down irretrievably and there was no possibility of reunion, appellants filed M.C.No.316/2020 under Sec. 13B of the Hindu Marriage Act, 1955, ('Act' for short) seeking for dissolution of their marriage by mutual consent.